(A) Undue and disproportionate hardship. If due to unique circumstances, a specific requirement of this article would result in undue hardship to a person using water or to property upon which water is used, that is disproportionate to the impacts to water users generally or to similar property or classes of water users, then the person may apply for a waiver to the requirements as provided in this section.
(B) Written finding. The waiver may be granted or conditionally granted only upon written finding of the existence of facts demonstrating an undue hardship.
(C) Application for a waiver. Application for a waiver must be on a form prescribed by the Public Works Director or designee, and accompanied by a nonrefundable processing fee, if established, in an amount set by resolution or ordinance by the Board of Supervisors.
(D) Supporting documentation. The written application will be accompanied by photographs, maps, drawings, or other pertinent information as applicable, including a written statement of the applicant.
(E) Approval authority. The County Administrative Officer, or designee, will exercise approval and act upon any completed application after submittal and may approve, conditionally approve, or deny the variance. The Board of Directors of the Stonegate Homeowners Association shall review this application and make a recommendation to the County Administrative Officer regarding the requested variance. The applicant requesting the variance will be promptly notified in writing of the action taken. The decision of the County Administrative Officer, or designee, is final, and not subject to appeal. At the time a waiver is approved, it shall state the duration that it will apply to the subject property. If not stated, the length of the waiver shall be to the conclusion of the water year. The hardship waiver is nontransferable.
(F) Required findings for waiver. Based on information and supporting documents provided in the application, additional information provided as requested, and water use information for the property as shown by the records of the county, the County Administrative Officer, or designee, in making the waiver determination, will take into consideration the following:
(1) That the waiver does not constitute a grant of special privilege inconsistent with the limitations upon other County Service Area 31 water service customers;
(2) That because of special circumstances applicable to the property or its use, the strict application of this article would have a disproportionate impact on the property or use that exceeds the impacts to water service customers generally;
(3) That the authorizing of such waiver will not be of substantial detriment to adjacent properties, and will not materially affect the ability of the county to effectuate the purpose of this article and will not be detrimental to the public interest;
(4) That the condition or situation of the subject property or the intended use of the property for which the waiver is sought is not common, recurrent or general in nature; and
(5) Any person granted relief on appeal for hardship may be required as a condition of that relief, to install water saving devices, as determined by the county and made every reasonable effort to reduce water use.
(Ord. 927, § 2 (part), 2014)